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“Bonus 125: The Federal Reserve and the Unitary Executive; The Supreme Court’s apparent unwillingness to jeopardize the central bank’s independence is entirely understandable (and good); it also undermines the persuasive force of the unitary executive theory.”
20 Feb 2025, 7:26 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“132. Five Questions About Trump’s Alien Enemy Act Proclamation: A quick take on some of the questions raised by President Trump’s . . . dubious invocation of a 1798 statute as a basis for arresting, detaining, and removing non-citizens with ties to Tren de Aragua.”
17 Mar 2025, 10:26 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 116: Trump v. New York; 11 days before his inauguration, President-Elect Trump’s emergency request that the Supreme Court block his sentencing in the New York hush money case presents an early litmus test for the justices.”
9 Jan 2025, 11:10 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“123. What Vice President Vance Did — and Didn’t — Say About Judicial Power: A weekend tweet provides a useful opportunity for articulating some nuance in understanding what federal courts can — and can’t — do when reviewing the executive branch.”
10 Feb 2025, 6:45 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“116. The Corporate Transparency Act and Nationwide Injunctions: The 19th — and, likely, last — emergency application from the Biden administration includes a (surprising) request that the justices conclusively settle the propriety of ‘universal’ equitable relief.”
6 Jan 2025, 6:27 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 143: Private Special Prosecutors and Criminal Contempt of Court; The Alien Enemy Act case may end up with Chief Judge Boasberg appointing a private lawyer to prosecute criminal contempt of court; The law currently allows such a move, but I believe it shouldn’t.”
17 Apr 2025, 5:06 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
"Assessing the ACLU Habeas Petition on Behalf of the Unnamed US Citizen Held as an Enemy Combatant in Iraq"
5 Oct 2017, 2:35 pm
And yesterday at the "Just Security" blog, Steve Vladeck had a post titled "The Increasingly Unsettling Indifference Toward the US Citizen 'Enemy Combatant.'" [read post]
How Appealing - http://howappealing.abovethelaw.com
"The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order"
16 Dec 2016, 8:24 am
"The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order": Today at "Just Security," Steve Vladeck has a post that begins, "On November 30, the US Supreme Court heard oral argument in Jennings v. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Court ruling adds to delay in alleged USS Cole bomber case”
16 Apr 2019, 1:36 pm by Howard Bashman
And at the “Just Security” blog, Steve Vladeck has a post titled “Al-Nashiri III: A No Good, Very Bad Day for U.S. [read post]
How Appealing - http://howappealing.abovethelaw.com
“What the Abortion-Pill Decision Reveals About the Shadow Docket: The author of a new book on the Supreme Court’s backdoor lawmaking breaks it down.”
25 Apr 2023, 5:47 pm by Howard Bashman
” Irin Carmon has this interview with law professor Steve Vladeck at the “Intelligencer” blog of New York magazine. [read post]
How Appealing - http://howappealing.abovethelaw.com
“85. Opinion Announcements (and Why They Should Be Live-Streamed); Justice Sotomayor’s oral dissent in the bump stocks case highlights why the Supreme Court should allow those who can’t be in the courtroom to hear the justices’ hand-down statements.”
17 Jun 2024, 6:50 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“131. Five Questions About the Khalil Case: The government’s arrest and detention of a pro-Palestinian Columbia student (and green card holder) raises difficult questions about both technical immigration statutes and the First Amendment.”
10 Mar 2025, 7:00 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“127. Chief Justice Roberts’s Administrative Stay in the Foreign Aid Funding Cases: There are two very different ways to understand Wednesday night’s order temporarily absolving the government from spending $1.5 billion in obligated funds; We’ll know soon enough which one is correct.”
27 Feb 2025, 2:00 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“100. Same-Sex Marriage and the 2014 Long Conference: Same-sex marriage became legal in more states through cert. denials (18) than through the Court’s June 2015 ruling in Obergefell (13); Strategic voting by Chief Justice Roberts is a big part of why.”
24 Sep 2024, 7:09 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 134: What Executive Orders Can (and Can’t) Do; President Trump’s ominous new executive order on election administration is constrained by the limits on what an executive order can directly accomplish, especially outside of the executive branch.”
27 Mar 2025, 2:02 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“108. Recess Appointments and/in the Supreme Court: President-Elect Trump is already proposing to bypass a Republican-controlled Senate to install many of his nominees; But could he also do that to fill a seat on the Supreme Court? Yes, albeit briefly.”
11 Nov 2024, 7:14 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“101. Justice Black and the 1948 Texas Democratic Senate Primary; 76 years ago yesterday, Justice Black effectively sealed LBJ’s first election to the U.S. Senate by staying lower-court investigations into alleged improprieties in the Texas Democratic primary.”
30 Sep 2024, 1:50 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“133. Birthright Citizenship (Sort of) Reaches the Court: The Trump administration’s emergency applications in three birthright citizenship cases are a cynical effort to mitigate the effects of an inevitable loss on the merits; The justices shouldn’t bite.”
17 Mar 2025, 9:33 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“128. Impeaching Federal Judges: Congress has used its power to impeach and remove federal judges only sparingly; Calls from Elon Musk and Republican lawmakers to impeach judges who rule against Trump are powerful reminders of why.”
3 Mar 2025, 7:57 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“152. Non-Party Relief and Judicial Supremacy: Thursday’s birthright citizenship oral argument hits at least somewhat different after and in light of Friday’s Alien Enemies Act ruling — in which the Court . . . provided relief to non-parties.”
19 May 2025, 5:32 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com